페이지 이미지
PDF
ePub

Laws of the State of Texas of 1897, be amended so as to hereafter read as hereinafter set forth, and that Subdivision 18 of Article 529g be repealed. Article 529. Any person who shall wilfully deface, injure, destroy or remove any buoy or fence or any parts thereof, used to designate or enclose a private oyster bed in this State, without the consent of the owner thereof, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00.)

Article 529e. It shall be unlawful for any person to bring to market, sell or ship any red fish of more than twelve pounds in weight or less than one and one-half pounds in weight; any trout of less than one pound in weight; or any sheephead of less than one pound in weight. Any person offending against this section shall, upon conviction, be fined in any sum not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00).

Article 529g. It shall be unlawful for any person, during the breeding season, consisting of the months intervening between April 1st and September 1st, to catch any fish, green turtle, or terrapin, by drag, seine or set net, or to drag any seine or seines or set any net or nets in these waters which are hereby declared to be breeding grounds for fish, green turtle and terrapin, towit:

1. All that portion of Cameron and Nueces counties, known and marked on the United States coast survey chart as Baffins' Bay and Aqua Dulce.

2. All that portion of water in Nueces county lying north of the San Antonio & Aransas Pass Railroad bridge, and marked on the United States coast survey chart as Nueces Bay.

3. All that portion of water in Aransas county and Refugio county known and marked on the United States coast survey chart as Capano Bay, Puerto Bay and St. Charles Bay.

4. All that portion of water of Lavaca Bay, in Calhoun county, north and west of a line starting from the extreme East Gallinipper Point and running in a northerly direction along Gallinipper Bar to the extreme south point of Point Comfort, sometimes called Mitchell's Point.

5. All that portion of water marked on the United States coast survey chart as Hyne's Bay.

6. All that portion of water in Calhoun county north of a line starting from the extreme point of Marsh's Point and running due east to the east bank of San Antonio Bay, and marked on the United States coast survey chart as Mission Bay and San Antonio Bay.

7. All that portion of water in Calhoun county marked on the United States coast survey chart as Carankaway Bay, and all that water north of a line extending from Half Moon lighthouse in a northeasterly direction to Dog Island, and all that water lying north of a line extending from Dog Island to the mouth of Caney Creek.

8. All that portion of water in Matagorda county north of a line. starting from the extreme southern point of Will's Point and running. east to Palacious Bayou and marked on the United States coast survey chart as Turtle Bay and Trespalacious Bay. Also all that portion of water in said county lying east and north of a line running from the southernmost point of Trespalacious Point to Half Moon lighthouse;

thence in a northeasterly direction to Dog Island; thence in a northeasterly direction to the mouth of Caney Creek.

All that portion of water in Brazoria county marked on the United States coast survey chart as Bastrop Bay and Oyster Bay.

10. All that portion of water in Galveston and Harris counties north of a line starting from the extreme southern point of Red Bluff on the west bank of Galveston Bay and running in an easterly direction to the first beacon south of Morgan's Point; thence in a northerly direction to the extreme point of Mosquito Point.

11. All that portion of water in Chambers county marked on the United States coast survey chart as Turtle Bay.

12. All that portion of water in Galveston and Harris counties known as Clear Creek and Clear Creek Lake as far up as the G., H. & H. R. R. bridge.

13. All that portion of water in Chambers county, starting from the mouth of the Trinity River, with all adjacent channels, bayous and lakes up said river to include Lake Charlotte.

All that portion of water in what is known as Ingleside Bay or Ingleside Cove, north of a line starting from the extreme western point of Hatch's Peninsular in a northerly direction to Donald's Point on the mainland; and all that portion of Corpus Christi Bay lying north of a line drawn from the south end of the San Antonio & Aransas Pass Railroad bridge, running in an easterly direction to the extreme southern point of Hatch's Peninsular.

15. All that portion of water lying west of a line drawn from the northwest point of Mustang Island at the old revetment (placed there by the United States Government) to the first buoy south of the lighthouse, and continuing in the same direction to the east shore of Harbor Island; said body of water lies between Mustang and Harbor Islands, and is commonly known as the Cove.

16. All that portion of water known as Red Fish Bay in Nueces county and Aransas county, and being all that body of water lying west of and between Shell Bank, Bird Island, Hog Island, Blackberry Island and Ransom's Island on the east, and the mainland on the west.

17. All that body of water on the west shore of St. Joe Island, beginning at a point on St. Joe Island called Ceaser's Point; thence in a southerly direction along the middle ground to a stake 600 feet due west of Allen's wharf; thence east to the west shore of said island; thence northerly with the meanders of said west shore to the place of beginning. Any person offending against this article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25.00), nor more than two hundred and fifty dollars ($250.00). Each day shall constitute a separate offense, and in any and all prosecutions under this article, the identification of the boat from which the violation occurred shall be prima facie evidence against the owner or parties last in charge of such seines or nets.

Article 5291. It shall be unlawful for any person to catch any fish, green turtle or terrapin with seine or set net for market in any of the bays or coast waters of this State, or gather any oysters, tongs or otherwise, for market or planting from any of the public reefs or beds in this State, without having a license from the Fish and Oyster Commissioner,

or his deputy. Any person offending against this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than two hundred and fifty dollars ($250.00), and each day shall constitute a separate offense.

Article 529u. It shall be unlawful for any person, firm, corporation or joint stock company to gather seed oysters for planting without first having obtained a permit or license to do so from the Fish and Oyster Commissioner, or his deputy; said permit or license to designate the reef or beds from which the applicant is allowed to gather seed oysters, and any person, agent, employe or officer of a firm, corporation or joint stock company gathering or having gathered oysters for planting from any bed or reef not designated, or who has no permit or license for gathering seed oysters, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). In any and all prosecutions under this article, the fact of having possession of, or having deposited oysters not culled, which are designated as seed oysters, shall be prima facie evidence against the party charged with the offense; provided, that this shall not be construed as against parties fishing for market and are conforming to the law in regard to culling.

SEC. 2. Whereas, the fact that the penal laws are now inadequate for the protection of the subjects of the foregoing act, therefore an emergency and an imperative public necessity exists that this act be passed under a suspension of the constitutional rule requiring a bill to be read on three several days, and that it take effect from and after its passage and it is so enacted.

SEC. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 23, nays 0; referred to the House of Representatives where the same was amended; Senate concurred in House amendments, no vote given; passed the House of Representatives by a two-thirds vote, yeas, 97, nays 0.]

Approved April 4, 1899.

HOGS, SHEEP AND GOATS-RUNNING AT LARGE-LOCAL

[blocks in formation]

An Act to amend Chapter 5, Title 102, of the Revised Civil Statutes of Texas, of 1895, by adding thereto Article 5001a, 5001b and 5001c, providing for elections in a county or subdivision of a county to determine whether hogs, sheep and goats shall be permitted to run at large in such county or subdivision.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Chapter 5, Title 102, of the Revised Civil Statutes of Texas, of 1895, be and the same is hereby amended by adding thereto Articles 5001a, 5001b, and 5001c, as follows, towit:

Article 5001a. After the adoption of the stock law in any county or subdivision no election under the preceding articles shall be held within the same prescribed limits in less than two years after an election under this title has been held therein; but at the expiration of that time the commissioners' court of each county in the State, whenever petitioned to do so by a majority of the freeholders, who are qualified voters under the Constitution and laws of a county which has formerly adopted the stock law, or by a majority of the freeholders, who are qualified voters under the Constitution and laws of the subdivision of a county which has formerly adopted the stock law, shall order another election to be held by the freeholders, who are qualified voters under the Constitution and laws of such county or subdivision, to determine whether hogs, sheep and goats shall be permitted to run at large in such county or subdivision, which election shall be ordered, held, notice thereof given, the votes returned and counted in all respects as provided by this Title for a first election.

Article 5001b. If, in a county or subdivision which has formerly adopted the stock law, a majority of the legal votes cast at such election shall be "against the stock law," the county judge shall immediately issue his proclamation declaring the result, which proclamation shall be posted at the court house door, and after the expiration of one hundred and eighty days from its issuance it shall be lawful to permit to run at large, within the limits designated, any animal of the class mentioned in said proclamation; if a majority of the legal votes cast at such election shall be "for the stock law," he shall so state in his proclamation, and the operation of the law shall be in no way effected by such election.

Article 5001c. Whenever there is territory between two subdivisions of a county which have adopted a stock law, or when there is territory adjoining a subdivision which has adopted the stock law, and in such territory there are less than fifty freeholders, an election shall be ordered on the petition of a majority of the freeholders residing in such territory, and the election shall be held as provided by law in other cases relating to the adoption of the stock law. And in cases where there are no freeholders on such intervening or adjoining territory, then on the petition of the owner or owners of the land to the commissioners' court the said commissioners' court shall issue an order extending the stock law to said territory, and the same shall be included in the territory of such adjoining subdi

vision.

SEC. 2. The fact that there is no law providing for stock law elections in counties or subdivisions of counties in which the stock law is now in force, which omission is at this time working a hardship upon many communities in this State, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 90, nays 5; and passed the Senate by a two-thirds vote, yeas 23, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the tenth day of April, A. D. 1899, but was not signed by him nor returned to the House in which it originated with his objections

6-G. L.

thereto within the time prescribed by the Constitution, and thereupon became a law without his signature.-D. H. HARDY, Secretary of State.! Took effect April 22, 1899.

SHELBY COUNTY-COUNTY COURT JURISDICTION.

H. B. No. 540.]

CHAPTER LVIII.

An Act to diminish the civil and criminal jurisdiction of the county court of Shelby county, to conform the jurisdiction of the district court thereto, and to repeal all laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county court of Shelby county shall have and exercise the general jurisdiction of a probate court; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators and guardians, transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the partition, settlement and distribution of estates of deceased persons, and to apprentice minors as provided by law, and to issue all writs necessary for the enforcement of its own jurisdiction, to punish contempt under such provisions as are now or may be provided by general law governing county courts throughout the State, but the said county court of Shelby county shall have no other jurisdiction, civil or criminal, whatsoever.

SEC. 2. That the district court of Shelby county shall have and exercise jurisdiction in all civil and criminal matters and causes over which, by the laws of this State, the county court of said county would have jurisdiction, except as provided in Section 1 of this act; all causes, other than probate matters and such as are provided by Section 1 of this act, be and the same are hereby transferred to the district court of Shelby county, and all writs and processes relating to any civil or criminal matter included in the subject matters of jurisdiction prescribed in Section 1 of this act, issued by or out of the said county court of Shelby county, be and the same are hereby made returnable to the next term of the district court of said county after this act takes effect.

SEC. 3. That the county clerk of Shelby county be and he is hereby required, within thirty days after this act takes effect, to make a full and complete transcript of all entries upon his civil and criminal docket heretofore made in cases which, by Section 2 of this act, are required to be transferred to the district court of said county, together with all the papers to such causes pertaining, a certified bill of cost in each case, and all such causes shall be immediately docketed by the district clerk; and such civil cases transferred shall stand on the docket of said court as appearance cases for the next succeeding term, and all criminal cases shall be docketed and disposed of in the same manner, as if the same had been originally triable in said district court, and all process now issued and returnable to said county court shall be returnable to said district court.

SEC. 4. That this act shall not be construed to in any wise or manner

« 이전계속 »